CROWN POINT | Lowell town officials disputed two local business owners' complaints about building standards at a start-up day care facility.

Tom and Ilene Cresap, who operate Kidz World out of a former furniture store at 410 E. Commercial Ave., filed a complaint against Lowell officials, arguing the town is treating their business differently than other similar businesses.

The Cresaps and town officials debated Monday afternoon during a preliminary hearing in front of Lake Circuit Court Magistrate Richard McDevitt. The town sent a letter warning the couple to conform to state and local building codes by April 25 or face closure.

The Cresaps were granted temporary relief after they filed an application for a temporary restraining order against the Lowell Building Department and Town Council.

Attorney George Patrick, who is representing the town, said Monday that Lowell officials want to shut the day care down because the Cresaps do not have an occupancy permit and their facility does not conform with state and local building codes.

The building needs a two-hour fire resistance rating verified for the floor and ceiling, no slide bolt locks or latches on any exit door, a larger landing outside the door, smoke detectors that are hardwired into the fire alarm system and one fully accessible bathroom, according to a letter from the Indiana Department of Homeland Security.

The Cresaps contend they were told by a town employee that they didn't need a permit because they were occupying an existing building. They were given a June 1 deadline to either make all the state's suggested changes or seek a variance, records show.

Donald LeBrun, assistant director of fire and building code enforcement for the Indiana Department of Homeland Security, testified Monday that the state cannot usurp local authority.

Lowell is mandated to conform with the building codes, he said.

Patrick said the town's requests are for the safety of children in the building.

Jessica Martin, who uses Kidz World, said the children are safe, happy and have learned a lot in the six months she has used the business.

The hearing is set to continue at 9 a.m. today.